Mr. Evarts remarked that this latter document was not within any propositions hitherto passed upon; but he did not desire to arrest the matter by any discussion, if their honors thought it should be received.
Judge Nelson: It may be received provisionally.
Mr. Brady also put in evidence the Charleston Daily Courier, of 11th June, 1861, containing a Judicial Advertisement,—a monition on the filing of a libel in the Admiralty Court of the Confederate States of America, for the South Carolina District, and an advertisement of the sale of the Joseph, she having been captured on the high seas by the armed schooner Savannah, under the command of T. Harrison Baker,—attested in the name of Judge Magrath, 6th June, 1861.
And containing, also, a judicial Act, relating to the administration of an estate in due course of law.
Mr. Brady stated that the reference was to show that they had a judicial system established under their own Government.
Lieutenant D. D. Tompkins recalled for the defence, and examined by Mr. Sullivan.
Q. State your knowledge as to the sending of any flags of truce while your vessel, the Harriet Lane, was lying at Fortress Monroe?
(Same objection; received provisionally.)
A. I have seen flags of truce come down from the direction of Norfolk.
Q. Did your vessel have any communication with the officer bearing the flag of truce?